KENNEDY KAMAU NGARUIYA T/A DAILY CHICK SUPPLIES v INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION & ANOTHER [2000] KEHC 253 (KLR)
- Court
- High Court of Kenya
- Case number
- 253
- Citation
- [2000] KEHC 253 (KLR)
- Decided
- 27 June 2000
The court finds that the sale was fraudulent and grants a temporary injunction to prevent eviction and a stay of the eviction order pending further orders.
Facts
The plaintiff, Kennedy Kamau Ngariya, claimed that the sale of his property at auction on January 19, 2000, was fraudulent due to various procedural defects, including improper service of statutory notices, failure to advertise the property, and non-compliance with auction rules.
Issues
- Fraudulent sale of property
- Procedural defects in sale
Reasoning
The court ruled that the sale was fraudulent due to improper service of statutory notices, failure to advertise the property, and non-compliance with auction rules, despite the property being advertised and sold at an auction.
Outcome
Plaintiff's claim for damages is granted, and the defendants are ordered to bear the costs.
Orders
- Temporary injunction to prevent eviction
- Stay of eviction order pending further orders
Remedies
- Damages
- Injunction
Authorities cited
Legislation (2)
- Registered Land Act
- Auctioneers Rules
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